N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-35

Penalty for violation; recovery to municipalities

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseySecurity Deposits

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-35
9. Any landlord who shall violate any provision of this act shall be liable to a penalty of not more than $500.00 for each offense, recoverable by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court, Law Division, Special Civil Part in the county or the municipal court of the municipality in which the premises are located shall have jurisdiction to enforce said penalty.

The Attorney General, the municipality in which the premises are located, or any other person may institute the proceeding; where the municipality or any other person other than the Attorney General institutes the proceeding, a recovered penalty should be remitted by the court to the municipality in which the premises subject to the proceeding are located.

L.1974,c.50,s.9; amended 1981,c.299,s.5; 1991,c.91,s.458.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8-35, a landlord who violates any provision of the New Jersey landlord-tenant act covered by N.J.S.A. 46:8-1 et seq. may face a civil penalty of up to $500 for each separate offense. Penalties are collected through a summary proceeding under New Jersey's Penalty Enforcement Law, and jurisdiction lies with either the Superior Court, Law Division, Special Civil Part or the municipal court in the county or municipality where the rental property is located. The proceeding may be initiated by the Attorney General, the local municipality, or any private person, with recovered funds generally directed to the municipality unless the Attorney General brought the action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to N.J.S.A. 46:8-35 should be aware that each distinct violation of the act can give rise to a separate penalty of up to $500, meaning multiple infractions can accumulate quickly. Compliant operators typically maintain thorough records of their practices—such as lease terms, security deposit handling, and required disclosures—to demonstrate adherence to the statute. Because enforcement can be initiated not only by the Attorney General but also by the municipality or any private individual, operators generally treat every provision of N.J.S.A. 46:8-1 et seq. as actively enforceable.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 46:8-35 gives tenants, municipalities, and the Attorney General the ability to initiate a penalty proceeding against a landlord who violates the act, meaning tenants are not solely dependent on government agencies to trigger enforcement. A tenant who believes a landlord has violated a provision of N.J.S.A. 46:8-1 et seq. may consider contacting the local municipal government, the New Jersey Attorney General's office, or a tenant-rights organization to understand available options. Consulting with a legal aid organization or tenant advocacy group familiar with New Jersey housing law can help a tenant evaluate whether a summary proceeding under this provision may be an appropriate path.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
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§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT